Friday, July 8, 2011

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Ramba

08-05 02:28 PM

Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

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akred

08-06 01:26 PM

Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.

The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.

In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)

But this is a very draconian measure and hopefully does not come into play.

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mariner5555

03-23 11:04 PM

my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard. BTW - don't make a decision in a hurry - that would be pretty bad since it is almost irreversible for few years atleast. 4 of my friends brought a house and they are o.k. as of now except for the commute - though they admit that they are more tensed up now. one of my friend who brought a house 1 year back is cursing his decision to buy - I don't know if he is being honest or whether he chose a wrong house - these are the issues that he told me. his savings has gone down a lot as he has to pay much more for his house - atleast 3 times the rent amount (property taxes are high in his area). his commute is v.long now and he cannot come home for lunch - and because of long commute - he practically does not see his family on weekdays. his daughter has done free style painting on his walls and they had a crack on the walls (apparently he tried to reduce utility bills during extreme weather). his wife is now complaining that walking up and down the stairs is draining her strength. yardwork is literally breaking his back. his friend circle has gone down as he hardly gets time. more importantly he said his priorities were different and he wanted to make / save as much as possible etc - but buying a house has affected it. BTW he has a GC. ofcourse the above is one of the worst case. being on EAD is better than being on H1 - but still you are at the mercy of a govt agency (govt agencies are same all over the world - only here maybe they wear ties and don't watch TV at work - but then who knows :-)).

The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

Please do not post wrong information..

i 485 notice may have grace period on it. One of my friend's h1/l1 was denied (extension) and he was given 15 days from denial date to leave.

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DoNotWorry

04-08 12:18 PM

This might be good for developing countries!!!! Don't worry guys, the world will evolve on new terms. As Bill Gates told, if workers can not come here, the Companies will go to that Countries.

This is the quality of ministers we have. I started this thread with his bullshit statement.

May its time to close now :)

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gcgreen

08-06 12:59 PM

Same as you, I saw your post and couldn't help responding :-)

For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

I agree with "singhsa". I was reading through this thread and couldn't help replying.

Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.

Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.

That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

I 102 is more for replacement of an I-94 card.

However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

In situations such as this; it is better to go back out and re-enter with proper company h-1b.

In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

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qasleuth

03-31 07:44 PM

May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.

Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.

Yeah right.... If the whistleblower protection does not protect the non-immigrant status, nobody would blow THAT whistle, would they ??

Would you???

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Ahimsa

02-25 06:34 PM

Of late, people started giving 5 star rating for Lou on RateItAll. Please go to this site and rate him as you like. http://www.rateitall.com/i-29533-lou-dobbs.aspx I gave him a lowest single-star rating (terrible)

I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.

The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.

Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?

No one will argue with you about buying a house for yours kids pleasure though.

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apt7

05-30 05:16 PM

According to wikipedia the def of a consultant is..

"The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.

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dixie

11-14 10:01 PM

His news telecast was an inspirational force for numbersusa who were behind killing SKIL.

As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

And who told you SKIL is killed or that numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are busy licking their wounds.

:mad:Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

http://en.wikipedia.org/wiki/A._R._Antulay

what he did is not surprising.

Mohd. Azharudding also did it before.

He was selected captain, after some of the worst historical defeats as a captain - he was still trusted to retain captainship by BCCI.

However after years of captianship, when he was caught red-handed in match fixing scandal, he did not even wasted a moment to give a statement that he is being harrased in hindu india because he is a minority.:mad::mad:

similary saif ali khan after having a hindu mother, hindu ex-wife, hindu girlfriend and a stardom and large number of hindu fans, did not wasted a moment but blamed hindus that being a muslim he is not able to buy a flat in mumbai.

what do you expect from such mentality?

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Macaca

05-27 06:06 PM

In December, KPMG was retained by China Integrated Energy, which claimed to be a leader in the production of biodiesel. Just hiring a Big Four auditor enabled it to raise $24 million from institutional investors in the United States. Three months later, KPMG certified the financials.

Six weeks after that, KPMG repudiated the report and resigned. By then, China Integrated Energy executives had refused to cooperate with a board investigation into claims that the company was a complete fraud.

The Chinese audit firms, while they are affiliated with major international audit networks, have never been inspected by the Public Company Accounting Oversight Board in the United States. The Sarbanes-Oxley Act requires those inspections for accounting firms that audit companies whose securities trade in the United States, but China has refused to allow inspections.

In a speech at a Baruch College conference earlier this month, James R. Doty, chairman of the accounting oversight board, called on the major firms to �improve preventative global quality controls,� but said that actual inspections were needed.

Two weeks ago, Chinese and American officials meeting in Washington said they would try to reach agreement �on the oversight of accounting firms providing audit services for public companies in the two countries, so as to enhance mutual trust.�

Frauds and audit failures can, and do, happen in many countries, including in the United States. But the audacity of these frauds, as well as the efforts to intimidate auditors, stand out. If investors such as Goldman Sachs and Hank Greenberg cannot fend for themselves, something more needs to be done if Chinese companies are to continue to trade in American markets.

Corporate China's political shadows (http://www.guardian.co.uk/commentisfree/2011/may/22/corporate-china-political-shadows) By Isabel Hilton | Guardian The Truth about the Three Gorges Dam (http://blogs.cfr.org/asia/2011/05/24/the-truth-about-the-three-gorges-dam/) By Elizabeth C. Economy | Council on Foreign Relations AIDS Funds Frozen for China in Grant Dispute (http://www.nytimes.com/2011/05/21/world/asia/21china.html) By SHARON LaFRANIERE | New York Times Kicking the Great Firewall (http://the-diplomat.com/china-power/2011/05/25/kicking-the-great-firewall/) By Mu Chunshan | The Diplomat

China opens doors to despots with series of pariah state visits (http://www.independent.co.uk/news/world/asia/china-opens-doors-to-despots-with-series-of-pariah-state-visits-2289723.html) By Clifford Coonan | Independent Ai Weiwei's Zodiac heads It's political (http://www.economist.com/blogs/prospero/2011/05/ai_weiweis_zodiac_heads) The Economist China�s jasmine crackdown and the legal system (http://www.eastasiaforum.org/2011/05/26/china-s-jasmine-crackdown-and-the-legal-system/) By Donald C. Clarke | George Washington University Law School

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bkarnik

08-06 10:38 AM

This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D

I worry about the poor Lion on a Monkey visa...in his anxiety to get a green card and finally be able to roar like a lion again he may also start to suffer from the COLTS disease...poor Lion on a Monkey visa suffering from COLTS!!:D:D:D:D

gjoe

08-06 07:50 AM

We will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court. If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.

pappu

06-07 12:06 PM

There is some excellent information on this thread. Pls add it on http://immigrationvoice.org/wiki/index.php?title=Buying_a_house_in_USA&action=edit

as well http://immigrationvoice.org/wiki/index.php/Immigration_to_US There are some new Miscellaneous topics created in the wiki. Please help us by adding content in those titles as well so that this valuable information helps everyone. Do add links to relevant IV threads wherever possible.